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HTMLNew York Legislature Repeals Annual Wage Theft Prevention Act Requirement
Aaron Warshaw; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 15, 2014, previously published on June 30, 2014
During the flurry of activity in Albany prior to lawmakers’ summer hiatus, the New York State legislature approved a bill that will eliminate the onerous requirement of providing annual wage notices to all employees. As New York employers are aware, the existing New York Wage Theft Prevention...

 

HTMLSupreme Court to Decide Paralyzed Veterans Doctrine
John F. Martin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 9, 2014, previously published on June 30, 2014
When the White House goes from a Democratic president to a Republican president, or vice versa, there are often changes in various federal agencies’ directives to reflect the priorities of the current administration. These changes are often implemented by a federal agency using its power to...

 

HTMLSupreme Court Rejects Labor’s Mandatory Dues Collection Initiative in Favor of Workers’ First Amendment Rights
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 9, 2014, previously published on June 30, 2014
This morning, the Supreme Court of the United States held that the First Amendment of the U.S. Constitution prohibits a public-employee union from collecting an agency fee from home-care workers who do not want to join or support the union. According to the majority opinion, which Justice Alito...

 

HTMLWhat Happens When The Limitations Provision in the Plan As Applied Creates An Impossible Accrual Date?
Violet H. Borowski, Mark E. Schmidtke; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 9, 2014, previously published by          on June 29, 2014
Approximately six months ago, the Supreme Court of the United States, in Heimeshoff v. Hartford Life & Accident Insurance Co., 134 S. Ct. 604 (2013), addressed whether an employee benefit plan covered by the Employee Retirement Income Security Act (ERISA) may include a particular limitations...

 

HTMLIf You Can’t Stand the Heat . . .You’re Not Alone: OSHA Kicks Off its Annual Heat Illness Campaign
John F. Martin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 9, 2014, previously published on July 2, 2014
On May 22, the Occupational Safety and Health Administration (OSHA) announced that it was bringing back its heat illness prevention campaign for the fourth straight year. The campaign primarily targets industries with workers exposed to the heat, such as agriculture, construction, landscape...

 

HTMLRochester, New York Adopts “Ban the Box” Criminal Background Check Law
Aaron Warshaw; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
Effective November 18, 2014, the City of Rochester, New York will join various states and municipalities around the country—including Buffalo, New York—that prohibit employers from inquiring about a job applicant’s prior criminal conviction on initial employment applications....

 

HTMLCalifornia Supreme Court: Undocumented Worker May Recover Lost Wages for Period Up to Employer’s Discovery of Immigration Status
Ameneh K. Ernst, Spencer C. Skeen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 27, 2014
Salas v. Sierra Chemical Co., S196568 (June 26, 2014): On June 26, the California Supreme Court issued a decision holding that federal immigration law does not preempt a California law that extends state law protections to all workers regardless of their immigration status. However, the court held...

 

HTMLSCOTUS Preview: Is the End in Sight for Public Employee Unionism (and Fair Share Fees)?
Hera S. Arsen, J.D., Ph.D.; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 24, 2014
Does a collective bargaining agreement that requires nonunion home-care workers to pay a fee to a union representative violate the First Amendment of the U.S. Constitution? In the next few days the Supreme Court of the United States will decide this question in a case challenging a state law...

 

HTMLFlorida’s New Data Breach Notification Requirements Take Effect July 1
Grant D. Petersen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 27, 2014
On June 20, 2014, Florida Governor Rick Scott signed the Florida Information Protection Act of 2014 (FIPA) into law. FIPA imposes stringent new security and notice requirements on businesses and employers that maintain personal information regarding individuals, employees, and customers. FIPA...

 

HTMLYour Guide to the Proposed Rules Under Executive Order 13658 Setting a Minimum Wage for Federal Contractors
Dara L. DeHaven, Leigh M. Nason, Christopher J. Near, Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 18, 2014
On February 12, 2014, President Barack Obama signed Executive Order 13658 (“Establishing a Minimum Wage for Contractors”), with instructions to U.S. Secretary of Labor Thomas E. Perez to issue regulations by October 1, 2014 implementing the requirements of the order. On June 17, 2014, a...

 


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